Article 9Actions, Proceedings, and Penalties

Section § 800.200

Explanation

If you're involved in a legal case under this specific chapter and you win, you can get your attorney fees and court costs covered. You 'win' if the court rules in your favor or if the case is dismissed in your favor during trial, unless you agree otherwise with the other party. If you are a homeowner in a floating home marina and win a case against the management, you might also get up to $500 for each time the management willfully violated the rules, on top of any other damages. This extra money is at the court's discretion.

In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
In the event a homeowner or former homeowner of a floating home marina is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of those provisions by the management.
prevailing party attorney’s fees litigation dismissal floating home marina homeowner rights management violations court discretion settlement civil action reasonable costs willful violation judgment favor legal case enforcement of rights settlement agreement
(Added by Stats. 1990, Ch. 1505, Sec. 1.)

Section § 800.201

Explanation

This law says that if the management of a place, like a floating home marina, doesn't properly maintain common areas or breaks marina rules, it's considered a public nuisance. To fix these problems, you can't rely on standard solutions but must take them to court or physically address them through abatement.

(a)CA Civil Law Code § 800.201(a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
(b)CA Civil Law Code § 800.201(b) The substantial violation of a floating home marina rule shall be deemed a public nuisance. Notwithstanding the provisions of Section 3491, such a nuisance only may be remedied by a civil action or abatement.
public nuisance management failure common facilities good working order physical improvements substantial violation floating home marina rule civil action abatement common areas maintenance marina management remedy Section 3491 violations facility maintenance
(Added by Stats. 1990, Ch. 1505, Sec. 1.)